R. v. Cadieux
Because the accused was not given his election on an indictable offence, the guilty plea and resulting verdict were invalid; the appeal is allowed and a new trial is ordered on the cultivation charge under s.7(1) of the Controlled Drugs and Substances Act.
Source-derived case information.
- Citation
- 2019 ONCA 303
- Parties
- Respondent: Her Majesty the Queen; Appellant: Gaston Cadieux
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 23 April 2019
- Procedural Posture
- Criminal / Appeal From Conviction and Sentence to Court of Appeal
- Outcome
- Appeal allowed; guilty plea and verdict set aside; new trial ordered.
- Legal Topics
- Right to Election, Guilty Plea, Procedure, Controlled Drugs and Substances Act, Cultivation of Marijuana, New Trial
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Respondent
Gaston Cadieux
Appellant
Procedural Posture
Criminal / Appeal From Conviction and Sentence to Court of Appeal
Legal Issues
- 1 Whether the accused was given his election on an indictable offence
- 2 Whether the guilty plea was valid
- 3 Whether a new trial should be ordered
Ratio Decidendi
Because the accused was not given his election on an indictable offence, the guilty plea and resulting verdict were invalid; the appeal is allowed and a new trial is ordered on the cultivation charge under s.7(1) of the Controlled Drugs and Substances Act.
Court Disposition
Appeal allowed; guilty plea and verdict set aside; new trial ordered.
Orders
- Guilty plea and verdict set aside.
- A new trial is ordered on the charge of cultivation of marijuana under s. 7(1) of the Controlled Drugs and Substances Act, S.C. 1996, c.19.
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Cadieux Collection Decisions of the Court of Appeal Date 2019-04-23 Neutral citation 2019 ONCA 303 Docket numbers C66148 Judges Feldman, Kathryn N.; Benotto, Mary Lou; Brown, David M. Subject Criminal Decision Content COURT OF APPEAL FOR ONTARIO CITATION: R. v. Cadieux, 2019 ONCA 303 DATE: 20190415 DOCKET: C66148 Feldman, Benotto and Brown JJ.A. BETWEEN Her Majesty the Queen Respondent and Gaston Cadieux Appellant Mr. Cadieux did not appear Delmar Doucette, duty counsel Jessica Legrand, for the respondent Heard and released orally: April 10, 2019 On appeal from the conviction entered on July 4, 2018 and the sentence imposed on July 4, 2018 by Justice Rommel Masse of the Ontario Court of Justice. APPEAL BOOK ENDORSEMENT [1] Mr. Cadieux was not given his election on an indictable offence charge and pled guilty. The Crown asks that the verdict be set aside and a new trial ordered. So ordered. [2] The appeal is allowed, the guilty plea and verdict are set aside and a new trial is ordered on the charge of cultivation of marijuana, under s. 7(1) of the Controlled Drugs and Substances Act, S.C. 1996, c.19.